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Coffey County, KS Probate Information
Quick facts
| Item | Coffey County details |
|---|---|
| Court | Coffey County District Court, in Kansas's 4th Judicial District (K.S.A. 4-205) |
| Filing office | Clerk of the district court for Coffey County (K.S.A. 20-343) |
| Courthouse address | Coffey County Courthouse, 110 S 6th Street, Suite 102, Burlington, KS 66839-1798 |
| Mailing address | 110 S 6th Street, Suite 102, Burlington, KS 66839-1798. Call before mailing if a deadline is close. |
| Phone | 620-364-8628 |
| Fax | 620-364-8535 |
| Hours | Monday through Friday, 8:00 a.m. to noon and 1:00 p.m. to 4:00 p.m. |
| Filing fee | A probate estate filing is $131.50, current as of August 2026, made up of the $109.50 fee and the $22 surcharge (K.S.A. 59-104). Additional court costs are taxed as the court directs (K.S.A. 59-104). |
| Local forms | Coffey County publishes no local probate petition packet. Use the statewide Kansas Judicial Council forms where available. |
| E-filing | Kansas-licensed attorneys must e-file under Rule 122. A self-represented filer in Coffey County files in person, by mail or by fax. |
| Drop box | Coffey County is one of Anderson, Coffey and Osage counties excluded from the statewide drop-box filing list. |
| Case search | Kansas Courts CaseSearch, https://casesearch.kscourts.gov/. Coffey County documents are available online from the 4th Judicial District's Kansas eCourt start date of November 2, 2020, when public online access allows. |
| Remote appearance | Ask by motion under Rule 103. The Kansas Judicial Council publishes a Motion to Appear in Court by Phone or Video. |
| Website | https://www.franklincoks.org/332/Coffey |
Before you begin — know the assets and liabilities
Before you file in Coffey County, list the assets, debts, account holders, real estate, beneficiary designations and whether the original will is available. Kansas can treat the same family very differently depending on whether a will is preserved within six months (K.S.A. 59-617), whether real estate must be sold, and whether a court order or letters are actually needed.
Sunset's estate settlement tools can help you organize that first pass, including asset discovery across more than 2,300 financial institutions. That inventory makes the Coffey County filing conversation more focused before you call the clerk, mail papers, fax a filing or ask a lawyer to prepare a petition.
Which court handles jurisdiction
Probate for Coffey County is filed with the clerk of the district court at the Coffey County Courthouse in Burlington (K.S.A. 20-343). Coffey County is in Kansas's 4th Judicial District with Anderson, Franklin and Osage counties (K.S.A. 4-205), but the Coffey County case is filed at Coffey County's own courthouse.
Kansas venue turns on residence and real property. If the decedent lived in Kansas and owned real property in the county of residence, the proceeding is in that county. If the decedent lived in Kansas but did not own real property in the county of residence, venue can be the county of residence or any Kansas county where the decedent owned real property. If the decedent was not a Kansas resident, venue can be any Kansas county where the decedent left estate to be administered (K.S.A. 59-2203). If proceedings start in more than one county, the first-filed case controls while venue is resolved, and a case filed in the wrong county can be transferred (K.S.A. 59-2203).
The jurisdiction process
- Gather the death certificate, the will, account information, debts and real estate records. If there is a Kansas resident's will, decide within six months whether to petition to probate it or at least preserve it by filing a will and affidavit under K.S.A. 59-618a, because the will cannot pass property unless a probate petition is filed within six months unless a statutory savings rule applies (K.S.A. 59-617).
- Choose the Kansas route before preparing papers. A small estates affidavit under K.S.A. 59-1507b can transfer personal property if the probate assets do not exceed $75,000, effective July 1, 2023, but it is given to the holder of the property rather than filed as a court case. Other court routes include refusal to grant letters under K.S.A. 59-2287, determination of descent under K.S.A. 59-2250, informal administration under K.S.A. 59-3301, and simplified administration or supervised administration under K.S.A. 59-3202.
- Prepare the petition for the Coffey County District Court. If you want simplified administration, ask for it in the petition and give the reasons the court should use that track (K.S.A. 59-3202). Add the case-filing cover sheet, and if you are filing without a lawyer, add the Self-Represented Litigant Certification Form.
- File with the clerk of the district court at 110 S 6th Street, Suite 102, Burlington (K.S.A. 20-343). Coffey County self-represented filing is in person, by mail or by fax. Use the fax number 620-364-8535 with the Rule 119 fax transmission sheet. The standard probate estate filing is $131.50, current as of August 2026, under K.S.A. 59-104, unless the court grants relief through a Poverty Affidavit under K.S.A. 59-104.
- The court fixes the hearing after the petition is filed (K.S.A. 59-2222). The district's Coffey County materials state that the judge who presides over Coffey County probate matters sits Wednesday, Thursday and Friday, but call the clerk for the setting on your case.
- Give required notice. Hearing notice is published once a week for three consecutive weeks, and the mailing required by the statute goes out within seven days after first publication with the petition and attachments included (K.S.A. 59-2209). The petitioner also gives notice to creditors within 30 days after filing the petition (K.S.A. 59-709).
- At or after the hearing, the court admits the will if appropriate, appoints the personal representative, and grants letters testamentary to an executor named in a will or letters of administration when there is no will (K.S.A. 59-701; K.S.A. 59-705). The clerk accepts filings and collects the fee, but the court grants the authority.
- After letters are granted, file the inventory and valuation within 30 days unless the court allows more time (K.S.A. 59-1201). Publish and send creditor notices, evaluate claims under the later-of deadline in K.S.A. 59-2239, pay allowed debts and taxes, and keep records for the final accounting.
- When the estate is ready to close, file the petition for final settlement and accounting. The court's final decree assigns the estate, and if the decree affects real estate, a certified copy is entered on the county clerk's transfer record (K.S.A. 59-2247; K.S.A. 59-2249).
Forms and documents
Probate forms in Coffey County
Use Coffey County's local filing office for the case, but do not expect a Coffey County probate petition packet. The 4th Judicial District's local rules list probate rules as none, and its forms page points users to statewide Kansas resources rather than a local Coffey County probate checklist.
The free statewide forms that matter most are the Kansas Judicial Council Small Estates Affidavit under K.S.A. 59-1507b, the Self-Represented Litigant Certification Form, the case-filing cover sheet, the Poverty Affidavit for fee relief under K.S.A. 59-104, and the Motion to Appear in Court by Phone or Video under Rule 103. Kansas does not publish a fill-in petition for opening a probate estate, so petitions are drafted from the statutes or with a lawyer's help.
The 4th Judicial District's local materials also tell probate filers to include the original will with the clerk when one is available. Kansas law says the will accompanies a petition for probate if it can be produced (K.S.A. 59-2220), while a will or a copy can be preserved by filing a will and affidavit under K.S.A. 59-618a.
Timeline
- The Coffey County clerk's office is open Monday through Friday, 8:00 a.m. to noon and 1:00 p.m. to 4:00 p.m.; plan filings around the lunch closure.
- Coffey County self-represented filers use in-person filing, mail or fax. Coffey County is excluded from the Kansas drop-box list, so do not rely on a drop-box deadline for a Coffey County probate filing.
- The 4th Judicial District's Coffey County materials state that Coffey County probate matters are handled by a judge who sits Wednesday, Thursday and Friday. Hearing dates are still set by the court after filing (K.S.A. 59-2222), so call the clerk for the date assigned to your case.
- Coffey County joined Kansas eCourt on November 2, 2020. Public documents in cases from that date forward may be available through CaseSearch when online access rules allow; older public records are checked at the courthouse terminal.
Local nuance
Coffey County-specific considerations
| Local point | What it means in Coffey County |
|---|---|
| No drop-box filing | Coffey County is one of Anderson, Coffey and Osage counties excluded from Kansas's drop-box filing list. A self-represented Coffey County filer uses in-person filing, mail or fax. |
| Lunch closure | The clerk's office schedule is 8:00 a.m. to noon and 1:00 p.m. to 4:00 p.m., Monday through Friday. |
| Local probate rules | The 4th Judicial District lists probate rules as none. Coffey County still follows statewide Kansas probate statutes and court rules. |
| Original will practice | The district's local materials tell probate filers to include the original will when one is available. A will or a copy may also be preserved by filing a will and affidavit under K.S.A. 59-618a. |
| Kansas eCourt date | The 4th Judicial District, including Coffey County, began operating on Kansas eCourt on November 2, 2020. That date matters for whether public documents are available online through CaseSearch. |
Recent updates
| Change | What changed |
|---|---|
| 2026 court-fee surcharge | The $22 surcharge authority for probate filings was extended through June 30, 2030, under K.S.A. 59-104. The standard Coffey County probate estate filing is $131.50, current as of August 2026, under K.S.A. 59-104. |
| 2026 nonresident fiduciary rule | A nonresident fiduciary's resident agent may reside anywhere in Kansas, rather than in the county of appointment (K.S.A. 59-1706). |
| 2024 creditor-notice timing | The deadline to publish notice to creditors after filing moved to 30 days (K.S.A. 59-709). |
| 2023 small estates affidavit amount | The small estates affidavit amount under K.S.A. 59-1507b became $75,000, effective July 1, 2023. |
| 2025 case search | Kansas Courts CaseSearch is the statewide online case-information tool. Coffey County online document access turns on the 4th Judicial District's November 2, 2020 Kansas eCourt start date. |
Page last reviewed: August 2026.
Scenarios
| Situation | Likely Coffey County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start by checking the deed and any beneficiary designations. A co-owned home may need a title-clearing filing such as termination of joint tenancy, which is $70.50, current as of August 2026, under K.S.A. 59-104, instead of a full estate. If probate is opened, the spouse's rights may include the homestead allowance under K.S.A. 59-6a215 and the required elective-share notice under K.S.A. 59-2233. | Sunset helps identify accounts, deeds and beneficiary designations before the family chooses a Coffey County filing. |
| Out-of-state adult child with a small estate | If the probate assets are $75,000 or less, effective July 1, 2023, and no real estate must be transferred, the small estates affidavit under K.S.A. 59-1507b may handle personal property without opening a court case. If letters are needed, a nonresident personal representative can serve after appointing a resident agent in Kansas (K.S.A. 59-706; K.S.A. 59-1706). A remote appearance request can be made under Rule 103. | Sunset organizes institutions, balances and paperwork so the child can decide whether an affidavit is enough or a Coffey County court filing is needed. |
| Parent settling predeceased child's estate, home must be sold | The small estates affidavit under K.S.A. 59-1507b does not transfer real estate. The parent should ask whether refusal to grant letters under K.S.A. 59-2287, informal administration under K.S.A. 59-3301, or simplified administration under K.S.A. 59-3202 fits the sale. If there is a will, protect the six-month deadline (K.S.A. 59-617). | Sunset helps build the asset list, generate a probate packet and connect the family with a Kansas probate attorney when a home sale requires court authority. |
Self-help resources
| Resource | How it helps Coffey County families |
|---|---|
| Coffey County District Court self-help center | Located at the courthouse. Hours are Monday through Friday, 8:00 a.m. to 4:00 p.m., closed noon to 1:00 p.m. It is not staffed and offers paper court forms, computers and printer, and community resource guides. |
| Kansas Judicial Branch probate self-help | Statewide probate and elder-law information at https://self-help.kscourts.gov/ProbateAndElderLaw. |
| Kansas Judicial Council forms | Free forms include the Small Estates Affidavit under K.S.A. 59-1507b, the case-filing cover sheet, the Self-Represented Litigant Certification Form, the Poverty Affidavit under K.S.A. 59-104, and the Motion to Appear in Court by Phone or Video under Rule 103. |
| Kansas Legal Services | Statewide nonprofit civil legal help for eligible Kansans. Call 316-267-3975, Monday through Friday, 8:00 a.m. to 4:30 p.m. Ask about eligibility and case priorities. |
| Kansas Elder Hotline | Kansans age 60 or older can call 316-267-3975 for the Kansas Elder Hotline through Kansas Legal Services. |
| Kansas Bar Association lawyer referral | Lawyer referral information is available at https://ksbar.org/?pg=clientreferrals. |
When to hire an attorney
A lawyer is especially useful in Coffey County when a will deadline is close, heirs disagree, real estate must be sold, a nonresident personal representative needs a Kansas resident agent under K.S.A. 59-1706, or the petition should ask for informal administration under K.S.A. 59-3301 or simplified administration under K.S.A. 59-3202. Kansas allows fiduciary and attorney compensation that is just and reasonable, as the court allows (K.S.A. 59-1717). Sunset connects families to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset helps families discover accounts, insurance, benefits and property records across more than 2,300 institutions so the Coffey County estate settlement starts with a clearer asset picture.
Generate the probate packet. Sunset turns the information you provide into an organized probate packet, including the details a Kansas lawyer or self-represented filer needs for Coffey County.
Find a local probate attorney. When the estate needs court authority, a home sale, a contested issue or a Kansas resident agent under K.S.A. 59-1706, Sunset can connect the family with a vetted probate attorney.
Sunset is free for families. Sunset's estate settlement support is free for families, and the platform helps keep tasks, documents and next steps organized from the first asset search through closing.
Frequently asked questions
Where do I file probate in Coffey County, Kansas?
File with the clerk of the district court at the Coffey County Courthouse, 110 S 6th Street, Suite 102, Burlington, KS 66839-1798 (K.S.A. 20-343). Coffey County is in Kansas's 4th Judicial District (K.S.A. 4-205), but the Coffey County case is filed in Burlington.
Can I use e-filing for a Coffey County probate?
Kansas-licensed attorneys must e-file under Rule 122. A person filing without a lawyer in Coffey County files in person, by mail or by fax. Coffey County is excluded from the Kansas drop-box filing list.
Does Coffey County have a probate drop box?
Coffey County is one of Anderson, Coffey and Osage counties excluded from the Kansas drop-box list. For a self-represented probate filing, use the clerk's counter during posted hours, mail or fax.
What is the filing fee to open a Coffey County probate estate?
The standard probate estate filing is $131.50, current as of August 2026, made up of the $109.50 fee and the $22 surcharge (K.S.A. 59-104). Coffey County has no county-specific uplift like the Johnson and Sedgwick additions.
Does Coffey County publish local probate forms?
Coffey County publishes no local probate petition packet. Use statewide Kansas Judicial Council forms where they exist, including the Small Estates Affidavit under K.S.A. 59-1507b, the case-filing cover sheet, the Self-Represented Litigant Certification Form, the Poverty Affidavit under K.S.A. 59-104, and the Motion to Appear in Court by Phone or Video under Rule 103.
How quickly is a Coffey County probate hearing set?
The court fixes the hearing after filing (K.S.A. 59-2222). The district's Coffey County materials state that Coffey County probate matters are handled by a judge who sits Wednesday, Thursday and Friday. Published notice timing still follows Kansas law, including publication once a week for three consecutive weeks (K.S.A. 59-2209).
Can I appear by phone or video in Coffey County?
You can ask. A Kansas district court has discretion to allow a remote appearance under Rule 103, and the Kansas Judicial Council publishes a Motion to Appear in Court by Phone or Video. The judge can deny the request, so ask early and notify the other parties as Rule 103 requires.
Can I look up a Coffey County probate case online?
Use Kansas Courts CaseSearch at https://casesearch.kscourts.gov/. Coffey County case information is searchable statewide. Public documents are available online from the 4th Judicial District's Kansas eCourt start date of November 2, 2020, when online access rules allow; other public records are checked at the courthouse terminal.
What if the will is close to the Kansas six-month deadline?
Act quickly. A Kansas resident's will cannot pass property unless a petition to probate it is filed within six months after death, unless a statutory savings rule applies (K.S.A. 59-617). Filing a will and affidavit under K.S.A. 59-618a can preserve a will or a copy within that window, and a knowingly withheld will has a separate 90 days rule for an innocent beneficiary under K.S.A. 59-618.
Shaped by the families we've helped
Thank you to the thousands of families who have trusted Sunset to help settle their loved ones' estates. This page is shaped by the questions they actually asked and the obstacles they actually hit — and that hard-won experience is what keeps it accurate, current, and genuinely useful to the families who come next.